Owens v. Owner and Pilot

RESULT: Settled for a confidential amount.

STATE: Florida

SUMMARY: On August 17, 2003, a Boeing/Stearman PT-17, 1941 aircraft operated by an experienced pilot collided with trees and crashed. The crash site was in the Smokey Mountains. The flight was conducted in visual flight rules (VFR) and visual meteorological conditions (VMC). The flight departed at about 2:00 o'clock in the afternoon the pilot maneuvered the aircraft into a small three-sided valley with sharply rising terrain and realized the aircraft: was unable to climb over the rapidly approaching terrain.

Plaintiffs alleged that this flight was in violation of Federal Aviation Regulations, which require a minimum safe altitude of at least 500 feet under the circumstances of this case. The aircraft impacted the trees and came to rest on a steeply sloping hillside. The pilot was killed and the passenger was seriously and permanently injured.

The defendant never admitted liability and claimed that this was an unfortunate Aviation Accident and was not the result of negligence.